DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 03/04/2026 has been entered. Claims 1-63, 71, 74, 84 and 85 have been canceled. Claims 64-70, 72-73, 75-83 and 86-87 are presented for examination.
Claim Rejections – 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 64-70, 72 and 75-82 are rejected under 35 U.S.C. 103 as being unpatentable over Desrochers (US 2006/0234621) in view of Hoeynck (US 20100025483).
Regarding claim 64, Desrochers teaches a method for controlling an atmosphere of an enclosure, the method comprising:
(A) determining a present concentration of a substance in the atmosphere of the enclosure, which substance has (i) a first concentration regime, and (ii) a second concentration regime (Figs. 8A, 8B, [0132, 0131-0134, 0006, 00014-0015, 0070], the system can detect an air quality parameter/concentration e.g., TVOCs, CO2, PM, etc.; if it is above a setpoint, the system is adjusted to bring the concentration down to the setpoint level); and
(B) when the present concentration is at the first concentration regime then (I) determining, an atmosphere exchange rate to yield a target concentration at the second concentration regime (Figs. 8A, 8B, [0132-0134], an ACH (air changes per hour) rate is determined based on the detected concentrations, in order to remedy the deviation from the desired setpoint),
which atmosphere exchange rate is determined within a time and at an occupancy in the enclosure at the time (inherently, the above ACH is determined during a time period; [0043, 0074, 0002, 0027], the system contemplates adjusting ventilation using the above techniques, when a number of occupants are in the space; for example, the system may sense CO2 to determine a ventilation approach suitable for a number of occupants indicted by the CO2 concentration), and
(II) adjusting a ventilation system based at least in part on the atmosphere exchange rate
determined (Figs. 8A, 8B, [0042, 0043, 0131-0134], the system adjusts the air change and thus effectively the supply air flow rate to control ventilation and address the sensed air quality parameter; [0042-0043, 0131], a supply air flow rate can be varied or adjusted into a monitored room, using the above techniques and determined ACH)
However, Desrochers does not expressly disclose wherein adjusting the ventilation system is further based, at least in part, on a predicted future preference of one or more users, and wherein the future preference is predicted by a machine-learning module trained on past preferences of the one or more users.
In the same field of endeavor, Hoeynck teaches
wherein adjusting the ventilation system is further based, at least in part, on a predicted future preference of one or more users, and
wherein the future preference is predicted by a machine-learning module trained on past preferences of the one or more users ([0033, 0032, 0011, 0035], the system measures a wide variety of indoor, outdoor conditions, and human preferences/behaviors e.g., prior occupancy levels, carbon dioxide or motion indicating a past preference by people to be present at certain times, as well as illumination, sound, temperature etc.; machine learning is used to analyze this historical preference/condition data and used to predict future user activity/preferences e.g., the number of people that will be in a room; such prediction are used in an automation system to manage ventilation e.g., heating and cooling).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein adjusting the ventilation system is further based, at least in part, on a predicted future preference of one or more users, and wherein the future preference is predicted by a machine-learning module trained on past preferences of the one or more users as suggested in Hoeynck into Desrochers because Desrochers and Hoeynck pertain to analogous fields of technology. Both Desrochers and Hoeynck pertain to systems for adjusting ventilation/cooling/heating for a building based on wide variety of factors, including occupancy. In Hoeynck, machine learning is used to analyze past user behavior e.g., occupancy, motion, noise etc., and predict future user behavior e.g., occupancy. Such predictions are used to control ventilation/heating/cooling. It would be desirable to incorporate this feature into Desrochers, to improve ventilation decision making and take into account the historical behavior of occupants e.g., see Hoeynck [0033, 0032, 0011].
Regarding claim 65, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein:
the first concentration regime has a detrimental effect on one or more occupants in the
enclosure, and
the second concentration regime has a non-detrimental effect on the one or more occupants in the enclosure (Desrochers [0132], the system works to limit concentrations below a setpoint, a range which is considered safer).
Regarding claim 66, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein the ventilation system comprises a heat pump, gas handler, or a combination thereof (Desrochers [0092] describes an air handling unit).
Regarding claim 67, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein adjusting the ventilation system comprises adjusting the ventilation system to optimize an atmospheric quality, an energy usage, or a combination thereof (Desrochers [0132], the system attempts to improve an atmospheric parameter e.g., a concentration of a substance in the air).
Regarding claim 68, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein adjusting the ventilation system is further based at least in part on a maximum occupancy, a minimum ventilation rate, a maximum ventilation rate, a target ventilation rate, target differential concentration, or a combination thereof (Desrochers [0131-0133], the system examines a difference in concentrations e.g., between the current air quality parameter and a setpoint; the system also determines ventilation based on maximum and minimum ACH; [0043], the system determines a target ventilation/airflow rate into a room; see also [0141]).
Regarding claim 69, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein adjusting the ventilation system is further based at least in part on sensor data comprising a measured actual concentration of the substance in the atmosphere of the enclosure, a measured actual concentration of the substance in an atmosphere external to the enclosure, a measured actual ventilation rate, a measured actual occupancy, or a combination thereof (Desrochers [0014, 0017, 0074, 0006, 0131-0132], the system measures the concentrations of a substance in the atmosphere e.g., in a building or office).
Regarding claim 70, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches
wherein adjusting the ventilation system is further based at least in part on one or more user preferences (Hoeynck [0033, 0032, 0011], the system measures a wide variety of indoor, outdoor conditions, and human preferences/behaviors e.g., prior occupancy levels, carbon dioxide or motion indicating a past preference by people to be present at certain times, as well as illumination, sound, temperature etc.; machine learning is used to analyze this historical preference/condition data and used to predict future user activity/preferences e.g., the number of people that will be in a room; such prediction are used in an automation system to manage ventilation e.g., heating and cooling).
Regarding claim 71, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches adjusting the ventilation system is further based at least in part on one or more projected future preferences of one or more users (Hoeynck [0033, 0032, 0011], the system measures a wide variety of indoor, outdoor conditions, and human preferences/behaviors e.g., prior occupancy levels, carbon dioxide or motion indicating a past preference by people to be present at certain times, as well as illumination, sound, temperature etc.; machine learning is used to analyze this historical preference/condition data and used to predict future user activity/preferences e.g., the number of people that will be in a room; such prediction are used in an automation system to manage ventilation e.g., heating and cooling).
Regarding claim 72, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches
(C) when the present concentration is at the second concentration regime then (I) determining a ventilation rate of the ventilation system to supply air into the enclosure to obtain a concentration of the substance in the second concentration regime, and (II) adjusting the ventilation system based at least in part on the ventilation rate determined (Desrochers Figs. 8A, 8B, [0132, 0131-0134, 0006, 00014-0015, 0070], the system can detect an air quality parameter/concentration e.g., TVOCs, CO2, PM, etc.; if it is above a setpoint, the system is adjusted to bring the concentration down to the setpoint level; Desrochers Figs. 8A, 8B, [0042, 0043, 0131-0134], the system adjusts the air change and thus effectively the supply air flow rate to control ventilation and address the sensed air quality parameter; Desrochers [0042-0043, 0131], a supply air flow rate can be varied or adjusted into a monitored room, using the above techniques and determined ACH).
Regarding claim 74, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein, in (B)(II), adjustment of the ventilation system comprises converting the atmosphere exchange rate determined to a compensatory flow rate and adjusting the ventilation system using the compensatory flow rate (Desrochers [0131-0132], the system determines an ACH i.e., air change/exchange rate; this is used to determine an air flow rate command using air flow controller 906 based on command signal 920; [0132], the command signal 920, which is based on an ACH, results in adjustment of an air flow rate).
Regarding claim 75, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein the present concentration of the substance is determined using at least one atmospheric sensor disposed in the enclosure (Desrochers [006, 0014-0015] describes using air sampling sensors in enclosed spaces e.g., buildings or rooms).
Regarding claim 76, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 75. The combination of Desrochers and Hoeynck also teaches wherein the at least one atmospheric sensor includes a carbon dioxide concentration sensor, a volatile organic compound (VOC) concentration sensor, and/or a particular matter concentration sensor (Desrochers [006, 0014-0015, 0017, 0074], the sensors can detect a wide variety of substances e.g., carbox dioxide, particles, VOCs etc.).
Regarding claim 77, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 75. The combination of Desrochers and Hoeynck also teaches wherein the present concentration of the substance is responsive to an activity taking place in the enclosure (Desrochers [0074, 0017, 0131-0132], a concentration level of carbon dioxide can be caused by human presence; a rise in the concentration of a contaminant could be caused be a spill of a compound; sensors can then detect these concentrations).
Regarding claim 78, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 77. The combination of Desrochers and Hoeynck also teaches determining the activity based on data from the at least one atmospheric sensor indicative of the present concentration of the substance (Desrochers [0074, 0017, 0131-0132], a concentration level of carbon dioxide can be caused by human presence; a rise in the concentration of a contaminant could be caused be a spill of a compound; sensors can then detect these concentrations).
Regarding claim 79, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches determining an occupancy number corresponding to a number of the one or more occupants in the enclosure (Desrochers [0074, 0017], the system can determine carbon dioxide levels in PPM, which can be considered to be a number that corresponds to a number of people; Hoeynck, claim 11, the system can determine number of persons in a building based on sensor data).
Regarding claim 80, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 79. The combination of Desrochers and Hoeynck also teaches wherein the occupancy number is estimated in response to the present concentration of carbon dioxide in the enclosure, and a per person generation rate of the carbon dioxide (Desrochers [0074, 0017], the system can determine carbon dioxide levels in PPM, which can be considered to be a number that corresponds to a number of people; that is, the carbon dioxide in the room is based on the per person generation rate e.g., 01 CFM per person doing office work, as noted in [0017]).
Regarding claim 81, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 79. The combination of Desrochers and Hoeynck also teaches wherein the occupancy number is estimated using at least one ambient noise sensor (Hoeynck claims 8 and 11, [0029], the system uses sensors, including a sound sensor and sensors that in various ways detect human presence; based on such sensor data, the system predicts a number of occupants in a building).
Regarding claim 82, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 79. The combination of Desrochers and Hoeynck also teaches the occupancy number is a predicted number for a future time, and the predicted number is derived from stored historical concentration data, from scheduling data, from current occupancy measurements, or a combination thereof (Hoeynck claims 8 and 11, [0029], the system uses sensors, including a sound sensor and sensors that in various ways detect human presence/occupancy; based on such sensor data, the system predicts a number of occupants in a building).
Claim 73 is rejected under 35 U.S.C. 103 as being unpatentable over Desrochers and Hoeynck, as applied in claim 64, and further in view of Merrill (US 2018/0017275).
Regarding claim 73, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. However, the combination of Desrochers and Hoeynck does not expressly disclose wherein, in (B)(I), the atmosphere exchange rate is determined using a natural logarithm of a ratio of the present concentration to the target concentration divided by the time.
In the same field of endeavor, Merrill teaches wherein, in (B)(I), the atmosphere exchange rate is determined using a natural logarithm of a ratio of the present concentration to the target concentration divided by the time ([0044-0056, 0035], Merrill contemplates determining ACR/ACH (air change rate or air changes per hour) using logarithmic concentration values, as indicated by equation 4; if equation 4 is rearranged, it indicates that it is known to determine ACR based on a natural logarithm of a ratio of second concentration to a first concentration divided by time).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein, in (B)(I), the atmosphere exchange rate is determined using a natural logarithm of a ratio of the present concentration to the target concentration divided by the time as suggested in Merrill into Desrochers and Hoeynck because Desrochers and Merrill pertain to analogous fields of technology. Desrochers involves determining ACR/ACH, based on a sensed first concentration, to achieve a second target concentration. The ACR/ACH assists in implementing a ventilation operation to achieve the second target concentration. Merrill also relates to determining ACR/ACH based on first and second concentrations. In Merrill, logarithmic concentration values are used to determine ACR/ACH. It would be desirable to incorporate this feature into Desrochers so that a known technique can be used to determine ACR/ACH based on concentration values e.g., see Merrill [0044-0056, 0035].
Claim 83 is rejected under 35 U.S.C. 103 as being unpatentable over Desrochers and Hoeynck, as applied in claim 64, and further in view of Xue (US 2019/0078802) and further in view of Seaton (US 2018/0012479) and further in view of Kelly (US 2018/0274804).
Regarding claim 83, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. The combination of Desrochers and Hoeynck also teaches wherein the substance is a particulate matter, wherein the ventilation system includes a filter for removing the particular matter (Desrochers [0070], the sensors can be used to detect particles/contaminants; [0134, 0137, 0092], Desrochers contemplates filters that filter out particulates/contaminants e.g., a coarse filer).
However, the combination of Desrochers and Hoeynck does not expressly disclose (C) determining a present filter efficiency of the filter using a present ventilation flow rate and the present concentration of the particulate matter; (D) comparing the present filter efficiency to an efficiency threshold; and (E) generating a notification and/or a report when the present filter efficiency declines below the efficiency threshold.
In the same field of endeavor, Xue teaches wherein the ventilation system includes a filter for removing the particulate matter
(C) determining a present filter efficiency of the filter the present concentration of the particulate matter;
(D) comparing the present filter efficiency to an efficiency threshold ([0061, 0067, 0071, 0086, 0047, 0053], the one pass efficiency of the filter can be determined based in part on the downstream concentration i.e., for air that has passed through the filter; based on comparing the one-pass efficiency to a threshold, a determination is made as to whether the filter has reached its end of life).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated (C) determining a present filter efficiency of the filter the present concentration of the particulate matter; (D) comparing the present filter efficiency to an efficiency threshold ([0061, 0067, 0071, 0086, 0047, 0053] as suggested in Xue into Desrochers and Hoeynck because Desrochers and Xue pertain to analogous fields of technology. Both Desrochers and Xue pertain to systems for reducing contaminants in air using filters. In Xue, a filter efficiency is determined based on an examination of a concentration of a contaminant, and the efficiency is compared to a threshold to assess the condition of the filter. It would be desirable to incorporate this feature into Desrochers to provide a means of determining the condition of a filter e.g., see Xue [0061, 0067, 0071, 0086, 0047, 0053].
However, the combination of Desrochers, Hoeynck and Xue does not expressly disclose the determining the present filter efficiency using a present ventilation flow rate; and (E) generating a notification and/or a report when the present filter efficiency declines below the
efficiency threshold.
In the same field of endeavor, Kelly teaches the determining the present filter efficiency using a present ventilation flow rate ([0066], the one pass efficiency (percentage removal of contaminants) can also depend on the air flow rate).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated the determining the present filter efficiency using a present ventilation flow rate as suggested in Kelly into Desrochers/Hoeynck/Xue because Desrochers/Hoeynck/Xue and Kelly pertain to analogous fields of technology. Desrochers/Hoeynck/Xue and Kelly pertain to determining a one-pass efficiency of a filter. Kelly indicates that it is known for the one-pass efficiency determination to be based in part on the air flow rate through the filter. It would be desirable to incorporate this feature into Desrochers/Hoeynck/Xue to facilitate an optimal determination of a filter efficiency e.g., see Kelly [0066].
However, the combination of Desrochers, Hoeynck, Xue and Kelly does not expressly disclose (E) generating a notification and/or a report when the present filter efficiency declines below the efficiency threshold.
In the same field of endeavor, Seaton teaches (E) generating a notification and/or a report when the present filter efficiency declines below the efficiency threshold ([0018], when a filter needs to be changed or has reached a threshold, it is known to notify a user to change the filter).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated generating a notification and/or a report when the present filter efficiency declines below the efficiency threshold as suggested in Seaton into Desrochers, Hoeynck, Xue and Kelly because Desrochers/Xue and Seaton pertain to analogous fields of technology. Both Desrochers/Xue and Seaton pertain to estimating the efficacy of a filter by comparing a parameter to a threshold, and determining that the filter has reached end of life/needs to be replaced. In Seaton, in that event a notification is sent to alert a user. It would be desirable to incorporate this feature into Desrochers/Xue to facilitate replacement of a faulty filter e.g., see Seaton [0018].
Claims 86 and 87 are rejected under 35 U.S.C. 103 as being unpatentable over Desrochers and Hoeynck, as applied in claim 64, and further in view of Hu (CN106032805 translation).
Regarding claim 86, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. However, the combination of Desrochers and Hoeynck does not expressly disclose wherein the past preferences of the one or more users comprises a past indication of liking or disliking the smell of the environment.
In the same field of endeavor, Hu teaches wherein the past preferences of the one or more users comprises a past indication of liking or disliking the smell of the environment (pages 1-2, the system can detect an undesirable odor, which implies chemical pollution that is harmful to peoples' health; control of the ventilation system is based in part on the detection of the disliked odor).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the past preferences of the one or more users comprises a past indication of liking or disliking the smell of the environment as suggested in Hu into Desrochers and Hoeynck, because Desrochers and Hu pertain to analogous fields of technology. Both Desrochers and Hu relate to systems for controlling ventilation based on a variety of detected substances. In Hu, the system can detect undesirable odors, and use this to control ventilation. It would be desirable to incorporate this feature into Desrochers so that the system can control ventilation based on a variety of factors, such as odor e.g., see Hu pages 1-2.
Regarding claim 87, the combination of Desrochers and Hoeynck teaches the invention as claimed in claim 64. However, the combination of Desrochers and Hoeynck does not expressly disclose wherein the past preferences of the one or more users comprises a past indication of a specific smell profile.
In the same field of endeavor, Hu teaches wherein the past preferences of the one or more users comprises a past indication of a specific smell profile (pages 1-2, the system can detect an undesirable odor, which implies chemical pollution that is harmful to peoples' health; control of the ventilation system is based in part on the detection of the disliked odor).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the past preferences of the one or more users comprises a past indication of a specific smell profile as suggested in Hu into Desrochers and Hoeynck, because Desrochers and Hu pertain to analogous fields of technology. Both Desrochers and Hu relate to systems for controlling ventilation based on a variety of detected substances. In Hu, the system can detect undesirable odors, and use this to control ventilation. It would be desirable to incorporate this feature into Desrochers so that the system can control ventilation based on a variety of factors, such as odor e.g., see Hu pages 1-2.
Response to Arguments
The Examiner acknowledges the Applicant's amendments to claim 64.
Regarding independent claim 64, the Applicant alleges that the combination of references does not teach the amended limitation of "wherein adjusting the ventilation system is further based, at least in part, on a predicted future preference of one or more users, and wherein the future preference is predicted by a machine-learning module trained on past preferences of the one or more users." Examiner has therefore rejected claim 64 under 35 U.S.C. 103 as being unpatentable over Desrochers in view of Hoeynck. Applicant's remarks are moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Biswas (US 2017/0315103) teaches crowdsourcing smells, detecting user reactions, and using it to generate automatic actions e.g., see Biswas Abstract.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YOON whose telephone number is (408)918-7581. The examiner can normally be reached on 9 am to 5 pm ET Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman, can be reached at telephone number 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC J YOON/Primary Examiner, Art Unit 2118
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